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4-18-330. Fruit and commodities — Packing, selling, pledging, etc., with fraudulent intent — Penalty.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-18-330. Fruit and commodities — Packing, selling, pledging, etc., with fraudulent intent — Penalty.
(a) Any person who packs any fruit or other merchantable commodity with the fraudulent intent of misrepresenting the contents, either as to quality or quantity, shall on conviction be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding one (1) year, or both.
(b) Any person who sells or pledges any commodity, knowing it to be packed in a fraudulent manner with the intent to cheat and deceive, shall on conviction be assessed a civil penalty as provided in § 4-18-323.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-18-330
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:4-18-330
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2229365d438fb4a2dd6749759a9f7b2920095fb22e134993af362ada36fd43a1
Source location: content.xml paragraph 12485
Stored source content
4-18-330. Fruit and commodities — Packing, selling, pledging, etc., with fraudulent intent — Penalty.
(a) Any person who packs any fruit or other merchantable commodity with the fraudulent intent of misrepresenting the contents, either as to quality or quantity, shall on conviction be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding one (1) year, or both.
(b) Any person who sells or pledges any commodity, knowing it to be packed in a fraudulent manner with the intent to cheat and deceive, shall on conviction be assessed a civil penalty as provided in § 4-18-323.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-18-323. Civil penalties.
(a)(1) Any person who by himself or herself, by his or her servant or agent, or as the servant or agent of another person, commits any of the acts enumerated in § 4-18-322 may be assessed by the State Plant Board a civil penalty of:
(A) Not less than one hundred dollars ($100) nor more than six hundred dollars ($600) for a first violation;
(B) Not less than four hundred dollars ($400) nor more than one thousand two hundred dollars ($1,200) for a second violation within three (3) years after the date of the first violation; and
(C) Not less than seven hundred dollars ($700) nor more than two thousand dollars ($2,000) for a third violation within three (3) years after the date of the first violation.
(2) For a violation to be considered as a second or subsequent offense, it must be a repeat of a violation as enumerated in § 4-18-322.
(b)(1) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.
(2) The board or subcommittee thereof is authorized to conduct the hearing after giving appropriate notice to the respondent.
(3) The decision of the board is subject to appropriate judicial review.
(c)(1) If the respondent has exhausted his or her administrative appeals and the civil penalty has been upheld, he or she shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision.
(2) If the respondent fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty.
(3) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-18-323
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-18-323. This identifies an authority to review, not proof of applicability.